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2003 DIGILAW 2750 (ALL)

AKHILESHWAR PANDEY v. REGISTRAR CO-OPERATIVE SOCIETIES

2003-11-21

M.KATJU, UMESHWAR PANDEY

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M. KATJU, J. ( 1 ) THIS writ petition has been filed against the impugned orders dated 23. 8. 1999 and 6. 9. 1999 vide Annexures-7 and 9 to the writ petition. ( 2 ) BY those orders one Kashinath Rai was directed to take over charge of Sadhan Sahkari Samiti, mundera Guzurg, Ghazipur from the petitioner. The petitioner has alleged in para 2 of the writ petition that he has been working as Additional Secretary and later on as Secretary since 29. 9. 1989, i. e. , for more than 10 years and the Impugned orders are arbitrary and against the principles of natural justice. ( 3 ) HOWEVER, from the counter-affidavit it appears that the petitioner has concealed very material facts. In para 4 of the counter-affidavit it is stated that a circular was issued by the Registrar, co-operative Societies dated 19. 9. 1988 which provides for appointment of Secretary of Primary agriculture Credit Societies, under the 12 point Rehabilitation Programme for a period of 3 years only. By the circular dated 7. 4. 1989 it was clarified that such Secretaries would be employees of the Society only and they would have no concern with the Primary Agricultural credit Society Centralised Services vide Annexure-C. A. 1. ( 4 ) THE petitioner was appointed as Additional Secretary under the said scheme under the circular dated 19. 9. 1988 for a period of 3 years only as is evident from Annexure-2 to the writ petition. Prior to his posting as Secretary, In-charge of Sadhan Sahkarl Samiti Ltd. , Mundera Buzurg the petitioner was working as Additional Secretary at Sadhan Sahkari Samiti Maniya, Block gowarpur. ( 5 ) IT is stated in para 6 of the counter-affidavit that for appointment of regular Secretary, Rules were framed under Section 122a of the U. P. Co-operative Societies Act known as the U. P. Primary Agricultural Cooperative Credit Society Centralised Services Rules, 1976. Amendment was made to these Rules in 1999 and it was provided that Secretary in the Centralised Services will be appointed in the Societies whose annual credit business was not less than 3 lacs on 31. 3. 1989 vide Annexure-C. A.-2. Since the business of the Sadhan Sahkari Samiti, Mundera buzurg was above Rs. Amendment was made to these Rules in 1999 and it was provided that Secretary in the Centralised Services will be appointed in the Societies whose annual credit business was not less than 3 lacs on 31. 3. 1989 vide Annexure-C. A.-2. Since the business of the Sadhan Sahkari Samiti, Mundera buzurg was above Rs. 3 lacs, hence in view of the above Rules and circular the cadre Secretary was directed to take over charge from the petitioner of Sadhan Sahkari Samiti, Mundera Buzurg. There is no illegality in this as the petitioner was never a regularly selected Secretary under the rules. ( 6 ) THE petitioner was only Secretary In-charge of that Society and he has never been selected as secretary under the Centralised Service Rules, 1976. He was only appointed on temporary basis vide order dated 3. 4. 1993 as Secretary In-charge of the Mundera Buzurg Society for a limited period as is evident from Annexure-4 to the writ petition. ( 7 ) FROM the above facts it is evident that the petitioner has concealed very relevant facts in his petition. He was never regularly appointed, and he was only Secretary In-charge and that too for a limited period under a scheme as mentioned above. ( 8 ) A temporary employee has no right to the post. Petition is dismissed. .